Incident at Lowell bar fans flames of downtown debate

Brian's Ivy Hall, the Merrimack Street nightclub where police allege a fight broke out early last Friday morning. Club owner Kevin Hayhurst has disputed the Police Department's version of events. Sun/Evan Lips

LOWELL -- While the facts are in dispute about what went down a week ago today inside a downtown nightclub where police allege a fight broke out, the incident has renewed debate about how club-goers and downtown residents can peacefully co-exist.

City and police officials are calling for tougher regulations on downtown bar owners. They also seek increased cooperation between bar owners, promoters who book the entertainment, and police.

At the same time, the city is encouraging development of market-rate housing in the downtown -- a potential conflict with a business district that includes numerous drinking establishments.

The debate was ignited in February when a brawl broke out in Club 44, formerly Fortunato's restaurant, which is located at the heart of a revitalized area at the corner of Palmer and Middle streets. Fourteen people were arrested and three police officers were injured in the altercation.

Brian's Ivy Hall owner Kevin Hayhurst maintains there was no fight inside his establishment early last Friday morning. Also, he said what happened in his bar shouldn't be compared to the violence at Club 44.

Police said about 100 people refused to leave the stage at Brian's Ivy Hall after numerous requests were made by the entertainers. At some point, something was thrown from the stage into the audience and a fight allegedly erupted.

Six people were charged. Nobody was injured.

Police are investigating the incident to determine if possible liquor-license violations occurred.

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Deputy Police Superintendent Deborah Friedl said at least one of the patrons charged was "highly intoxicated," according to police reports.

Both the Club 44 and Brian's Ivy Hall events featured live music and were open to people age 18 and older. Local disc jockey Julius Sekayi, who goes by the moniker "DJ Money," performed at both events.

An Illinois-based rapper who calls himself "Chief Keef" was scheduled to perform at Brian's Ivy Hall the night of the incident. Tickets to the show cost $20. However, Chief Keef didn't take the stage.

Hayhurst said Chief Keef would have taken the stage at about 1:15 or 1:20 a.m.

Police said the alleged fracas broke out at about 1:15.

Action against violators

Attorney Michael Gallagher, whose law firm is located downtown and who is planning to move from his home in Belvidere to a downtown residence, said he doesn't support prohibiting certain kinds of entertainment or music in the downtown.

"Even though we may not be especially fond of a particular kind of entertainment, it doesn't mean we should be in the business of telling people you can't bring that kind of entertainment to your establishment," he said.

Gallagher supports taking action against establishments that don't follow the rules, instead of taking sweeping action against all downtown establishments.

"When you have one or two establishments that don't seem to recognize the importance of acting responsibly... something has to be done and serious action has to be taken," he added.

Friedl said the Police Department cannot necessarily prohibit certain acts from coming into the city to perform, but there should be more collaboration between event promoters who generally book performers, bar owners and police.

"The facility is responsible for the acts that perform on their property. We can strongly encourage them to think twice if there is a band or performer or some other entertainer that has a bad reputation in terms of what's gone on when they perform elsewhere," Friedl said.

Friedl said Boston Police Commissioner and former Lowell Police Superintendent Edward Davis sent Superintendent Kenneth Lavallee an email the night before the Brian's Ivy Hall event. It warned that a contingent of people from Boston tied to gang activity could be headed to Lowell to see Chief Keef perform.

One of the performers from that night, DJ 6pac, said Thursday that allegations of a fight were untrue.

"We're not violent and we're not looking for problems," he said.

DJ 6pac, who lists his real name as Rob King on his MySpace.com page, said it made him upset to hear that Boston police felt the need to warn Lowell police about the show. Roughly 75 percent of the crowd that night, he said, was black.

"They're saying that a lot of black people together is a gang," he said. "We're not gangsters. After what they said nobody wants to book us anymore."

Friedl said a sergeant submitted a written report detailing that he communicated with Brian's Ivy Hall personnel the information the department received from Boston police. Friedl said the sergeant encouraged the club to hire extra security.

Hayhurst admitted Wednesday his manager was contacted by a police sergeant, but maintains he didn't know police were going to show up on the premises on the night of the show.

Hayhurst said he hired two additional security officers. Other security measures were also taken: Beverages were served in plastic cups and club-goers were "wanded" at the door to detect any would-be metal weapons.

Six or seven Lowell police officers were inside the club when the fight broke out. Friedl said the officers were not assigned inside the club, although officers were instructed to monitor the event.

Hayhurst said the police were "hypersensitive" and their presence put patrons "on edge."

Alcohol-related disturbances

The debate on how to quell alcohol-related disturbances downtown is bound to get more attention as the city encourages the development of residential units in vacant downtown property.

Earlier this year, City Council endorsed a state-sponsored tax-incentive program that will encourage development of market-rate housing downtown.

Since 2000, the downtown core has gained about 2,000 new units of housing, leveling the ratio of affordable units to market-rate units to about 50-50, according to city officials.

Sparked by the incident at Club 44, the city proposed new regulations for liquor-license holders that included prohibiting events where 18 to 20-year-olds are allowed, installing security cameras, allowing patrons to purchase only one drink at a time, no patrons will be allowed entry one hour before closing time, and entertainment ending an hour before close.

The three-member License Commission failed to take action on the new regulations. Since then, two members have resigned in controversy.

Brian Akashian is the longest-serving member and chairs the commission. Christy Delaney was recently appointed by the city manager to fill a vacancy.

Bernie Lynch had also appointed Denis Teague, who subsequently resigned. Lynch said he hopes to have a replacement to present to the council on Jan. 8.

Once the new member is appointed the commission, at the request of City Council, will take up the proposed new regulations again.

George Duncan, founder and chairman of nearby Enterprise Bank, said Monday that bar scuffles have "caused unnecessary problems for residents downtown who have to live with it and put up with it."

He said if a similar incident occurred in either the Highlands or Belvidere neighborhoods, "it would not be tolerated by the License Commission nor City Council."

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